Board Members in Attendance

John Pardue and Ron Koldjeski

Board Guests in Attendance

Joseph Sileo, Solicitor; Francine Miller, Secretary/Treasurer

Meeting call to order

7:06 P.M. -- General Meeting Called to Order with Pledge of Allegiance.

Approval of Minutes

Motion by Martenson to approve the minutes as prepared from the General Meeting on June 8, 2009, 2nd by Koldjeski. Motion voted, all in favor.

John Pardue opened the meeting and turned it over to Solicitor Joseph Sileo. Sileo explained that this was a hearing in regards to an amendment to the original ordinance 2007-3 about regulating the construction, operation and decommissioning of wind energy facilities. The hearing has been duly advertised in The Times Tribune and was made available for review at both the newspaper in which the advertisement was published and at the Township building. Sileo requested that everyone at the hearing to sign in and proceeded to ask for public comment.

Public Input

Lee Jamison – 1671 Falls Road: Jamison asked what the reason was for the amendment to the original ordinance. It was explained that a developer came in and challenged the ordinance before the zoning hearing board. The Township hired a consultant to review the existing ordinance and he gave us the amendments. He also told the Township where the ordinance was weak and would not hold up in court if challenged. Jamison asked if this ordinance affected residential wind towers. He was told it did not have anything to do with residential, just commercial. However, a residential wind tower required a permit and conditional use.

Cynthia Zukowski – 1482 Fords Pond Road: She stated that she believed that this was done very hastily and not enough notice. Sileo explained the law with regards to passing ordinances. Ms. Zukowski thinks we will deface Bald Mountain by allowing these wind towers and asked if the Board could add a paragraph to the amendment that would exclude environmentally unsteady areas defined by Lackawanna and Luzerne Counties study. She formally requests this be considered. Koldjeski stated that a variance is required if constructing in an agricultural zone as Bald Mountain is in an agricultural zone.

Attorney James Mulligan on behalf of Patrice Haan – 108 North Washington Avenue, Scranton: Mr. Mulligan stated that he had some concerns to the existing in ordinance plus some modifications. The existing ordinance does not include fines or penalties for violations by the developers. Second, the noise level allowed in the existing ordinance is right on. He asked if the consultant walked the land before determining the sound level prior to the adoption and did he do an acoustic test. Third, the setbacks of 1500 feet are not restrictive in any way and the land owner would be able to come to the Board and ask for a waiver. Fourth, the height of 426 feet for the amendment is extremely high and after reviewing other ordinances 200-300 feet is average. Finally, the pristine area would disturb plants and animals and it would be a tragedy to disturb the land. He asks that the amendment be voted down.

Dan Albano – Global Wind Harvest: Mr. Albano stated that this was not a forum to have a wind farm on Bald Mountain. The 45 decibels is a low sound level and the change in height is good as well as the setbacks.

Al Parsells – Valley View Drive: Mr. Parsells stated that he is a member of the Planning Commission and that the Commission looked at a lot of ordinances and put together one that they believe to be fair. The Commission did not pick one that was very restrictive. He also wanted to point out that it is not a hardship if the developer does not want to spend more money. He respectfully requests that the amendment be turned down.

Dr. Gregg Raino – 1902 Newton Ransom Blvd: Mr. Raino stated that he is also on the Planning Commission. He stated that we were not liberal with the ordinance. The property owner can get a variance with the current ordinance which would leave the decision in the hands of the property owner and adjacent property owners of who it affects. He urges the Supervisors to keep the ordinance as it is on the books now.

Karen Lilik – 1635 Forest Acres Drive: Mrs. Lilik is also on the Planning Commission who owns property in Newton Township. She suggested that the current ordinance is good and fair and requests the Board does not pass the amendment.

Dave Kervargas – 1943 Timber Lane: He stated that the acoustics on Bald Mountain Road area are very prominent and he can hear a conversation between people when they are working on the towers. He asks that the decision be postponed until the SAPA plan is decided. He asks the Board to table the vote and give it more consideration.

Keith Eckel – 1647 Falls Road: Mr. Eckel owns property in both Newton and Ransom Townships and disagrees with everyone except the Supervisors. He believes that the Supervisors did a great job in seeking counsel that is not prejudice and knows they will decide what is best for the Township.

Scot Haan – 1943 Timber Lane: Mr. Haan requested the name of the consultant used. Sileo stated that his name was Jack Varaly. Haan believes that the consultant should be site specific with his recommendations. He also stated that we should not do up in decibels and down in setback requirements. Haan was told that testing was being done in the area and it is not being done. He states that the ordinance in place is fair and leaves room for variances.

Being no more public input and discussion, Koldjeski motioned to adjourn the hearing to an executive meeting before the Work Session, 2nd by Pardue. Motion voted, all in favor.

Meeting was adjourned at 9:10 PM

Respectfully submitted by Francine Miller